RESIDENT MAGISTRATE'S COURT.

Manawatu Herald, Volume 1, Issue 26, 22 November 1878, Page 2

RESIDENT MAGISTRATE'S COURT.

FOXTON, Wedxepd.yy, November 20. (Before E. Ward, Ksq, R.M., and E. S. Thjnnj, Esq., J.P.) ] DUUNK. j Robert M'Namara was chai-ged j with being druulc and disorderly in the public street of Foxton on Tuesday last. Prisoner admitted the j charge, and was lined ss, or in j default 2t hours' imprisonment. The lino was paid. CIVIL CASE?. J. C. Thompson v. Fred. Taylor — Claim £4 33 2d. Ordered to be paid j forthwith, with costs ot hearing, 2s. j In default, 10 days' imprisonment ■ in Wanganui Gaol. I After these case-j hal beo:i disposed of, the Court adjourned until 2 p.m. t I trespass. : Upon tho Court resuming, the case i of Wutene ta Wiieua and others v. ! J. Be van, junr, was called on. Claim £ 1 00. This case was one of trespass. Mr Staite appeared for p'aiatiffs, and ! Dr Bailer for defendant. \ It appeared that a block of land in i tho Ohau District hal been leased by Bevan from two na'ives, who i were tenants-iu»coinmon, under a I grant, with Wateno and the other | plaintiffs The latter, huwevor,have I refused to join in the lease, and now brought au ac ion against Bevan for £100, for trespass. Dr Buller took a preliminary objection, on the ground that there was a non-joinder of plaintiffs. In such cases, tho while of the owners should join. The fact was, that two of the owners had granted a lease of the block in question to his client. He held this to bo a fatal objection, as it would bo impossible to say where one man's shave ended aud another man's bygun

Mr Staito said ho was willing, as the point had been raised, to contest it,anj to accept his Worship's ruling. He held that contracts entered into by one owner, in no way aifected the rights of his partner.

Tno matter was arguo.l at length by counsel, and eventually

His Worship upheld tha objection, and nonsuited plain tills on the ground of non-joiuier.

Dr Bullor then applied for some remuneration for his client. On two occasions he had buea compelled to come to Foxtou to attend the Court. H.Q thought a liberal allowance should be made, owing t j the worry, trouble, and anxiety to which he had been put. Eveutually,tho costs wero assessed at £8 7s.

Plaintiffs were informed that un--1033 the costs were at oncj paid, a warrant would be issued.

His Worship said that in future, in all casO3 whore a nou-suifc was eutereJ, ho would allow costs to de« fenda-nt, the amount to bo decided according to the circumstances. Hitherto it had been the practice in the Court to reluse costs of defend^ ant ii cases where a nonsuit was obtained, although the Act gave him power to grant them. In futnro, he would adopt the course stated above.

In a civil case, John Symous v. f lho3. Pearce, claim £12 7s 2d, the summons had not been sorvocl.